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(영문) 인천지방법원 2017.11.16 2016가단230651
기계설비제작 납품 대금
Text

1. The Defendant shall pay KRW 3,220,00 to the Plaintiff KRW 6% per annum from August 3, 2016 to November 16, 2017 and the next day.

Reasons

1. Determination as to the cause of claim

A. (i) The Plaintiff (formerly, Korea Co., Ltd.) is a corporation with the primary objective of design, manufacture, sale, installation business, etc. of main manufacturing machinery, and the Defendant is a corporation with each of the following: (a) the wholesale and retail business; (b) the construction business; (c) the manufacture and wholesale and retail business.

B. On November 26, 2014, the Plaintiff entered into a contract with the Defendant for the manufacture and supply of the manufacturing equipment of the lower court and the ston type type type, the instant first equipment (hereinafter referred to as “instant equipment”) but the said contract was terminated on January 2015.

On March 12, 2015, the Plaintiff entered into a contract for the production and supply of the instant facilities (hereinafter “instant first contract”) with the Defendant on May 31, 2015, with respect to the instant facilities (hereinafter “instant facilities”) and on May 31, 2015, 30% of the price as the down payment was within seven days after the contract was concluded, 30% of the intermediate payment was completed, 30% of the intermediate payment was completed, 30% before the completion of the interim inspection, after the completion of the production, and 10% of the remainder before the completion of the installation operation.

On June 3, 2015, the Plaintiff entered into a contract for the production and supply of facilities (hereinafter “instant second contract”) with the Defendant as to the main equipment of the SCALS SOL (hereinafter “instant equipment”) at KRW 42.9 million, and on June 27, 2015, 30% of the down payment amount as the down payment is within one day after the contract was concluded, and 60% of the intermediate payment was entered into after the completion of the production, and 10% of the remainder is paid at the time of the completion of the installation operation.

Applicant On August 11, 2015, the Plaintiff entered into a construction contract with the Defendant for “MOD” construction and for additional construction for the instant facilities (hereinafter “instant third contract”) on June 17, 2015, with the payment period of KRW 56.1 million and KRW 30% of the down payment, which is the down payment, within seven days after the contract was concluded, and KRW 60% of the intermediate payment was entered into after the completion of the manufacture and KRW 10% of the remainder before the completion of the installation operation.

However, at the request of the defendant, the contract was prepared as of March 17, 2015.

(v) the Plaintiff is until June 29, 2015.

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